According to Musk and Vance, checks and balances on Trump are … bad now? | Opinion
Republicans have correctly claimed to be the party defending the judicial system in recent years, but both Vance and Musk are dangerously undermining faith in that system in our country. I'm worried.
President Donald Trump has been busy issuing executive orders and shrinking government since he took office. As a result, his second administration has been a constant subject of court orders, many of which have gone against him.
The administration's response has been concerning.
This week, for example, Vice President JD Vance and Elon Musk made disturbing comments about the Trump administration's respect for the rule of law. First came Vance.
“If a judge tried to tell a general how to conduct a military operation, that would be illegal,” Vance tweeted Sunday on X. “If a judge tried to command the attorney general in how to use her discretion as a prosecutor, that's also illegal. Judges aren't allowed to control the executive's legitimate power.”
Musk didn't take long to offer his thoughts.
“If ANY judge ANYWHERE can stop EVERY Presidential action EVERYWHERE, we do NOT live in a democracy,” Musk said Thursday on his own X account.
Republicans have correctly claimed to be the party defending the judicial system in recent years, but both Vance and Musk are dangerously undermining faith in that system in our country. I am worried, and you should be, too.
Judicial review is an essential component of our Republic
Musk is correct, but not in the way he thinks. We do not live in a traditional democracy. We live in a constitutional republic. Our nation is ruled by the Constitution rather than the whims of the majority at any given moment.
For this reason, we have higher restraints on executive power. The judiciary is the primary check on presidential overreach, particularly in recent years, as executive action has surpassed congressional action.
The court ruling that sparked the Musk and Vance comments is one from U.S. District Judge Paul Engelmayer, who temporarily blocked Musk’s Department of Government Efficiency from accessing the Treasury Department's data. It's one of several rulings that have gone against Trump.
You can disagree with the ruling. Heck, I have some skepticism of its validity. However, that decision must be sorted out through the proper channels rather than through a brazen ignoring of the legal process.
The Trump administration should concentrate on elevating a case through the judiciary, potentially up to the U.S. Supreme Court, to force a lasting conclusion.
Instead, Musk and Vance are undermining the rule of law in our country. After chastising Democrats for doing the same thing for years, both hint at taking a troubling trend even further.
Any refinement of the power of judges to block executive action needs to come from within the judiciary.
Musk could be naive, but Vance is being deliberate
Musk is a political novice, and the naturalized U.S. citizen born in South Africa might not understand the delicate construction of our Republic just yet.
That reality is dangerous for several reasons, but Vance’s comments are particularly concerning given his competency and his past statements. The Yale Law School graduate should know better.
“When the courts ‒ because you will get taken to court ‒ and when the courts stop you, stand before the country like Andrew Jackson did and say: 'The chief justice has made his ruling. Now let him enforce it,'" Vance said in 2021.
The vice president is a smart guy. He understands that outright ignoring judicial rulings will embolden Democrats to do the same. When the only test for whether a ruling is valid is the president’s interpretation, any unfavorable ruling suddenly becomes invalid.
Vance knows that this behavior would be the downfall of our Republic. He just might not care.
Trump, a large admirer of Jackson’s populist rule, hangs a portrait of the seventh president in the Oval Office. Hopefully, Trump has somebody in his ear cautioning against such reckless actions. Thankfully, some Trump loyalists have been.
However, I’m not holding my breath. To say the least, this administration has been playing fast and loose with the rule of law, favoring radical action over caution for its legality. I worry about what will come, and I hope Trump does not chart the path that his vice president has suggested.
Dace Potas is an opinion columnist for Paste BN and a graduate of DePaul University with a degree in political science.